Barclays time barred under limitation Act Please help

[car2403]

Hello

Caro

 

I received AQ150 from the court which needs to be sent off by 22 dec 08, need help in section (i) other information, do i need to send in draft order for the section (F)?? Proposed directions, please help me out on this one.

There is also defence enclosed from the bank,

 

Thanks again

looser01

p.s.i posted new thread as well for AQ150

 

The AQ is your chance to put forward any directions you think are necessary to push your claim forward and to make suggestions as to how the case should be allocated.

 

Using a template on this case won't work, as I haven't seen another claim like this on the site.

 

So...

 

Which track are you hoping for? Is it Small Claims, or will it be Fast Track? I'd suggest Fast Track, but that would leave you open to costs should you lose, due to complexity of the claim. Small Claims is less likely because of the amounts/complexity involved.

 

As for directions, what is it that you need from the other side to progress your claim further at this stage? There are some standard directions which the court is likely to issue, that will mean anything relied on by either side should be disclosed within the timelines set by the Court, but is there anything else that you need to sure up your claim.

[looser01]

The AQ is your chance to put forward any directions you think are necessary to push your claim forward and to make suggestions as to how the case should be allocated.

what do i suggest?? and directions?? was thinking as below in my quote

 

Using a template on this case won't work, as I haven't seen another claim like this on the site.

 

So...

 

Which track are you hoping for? Is it Small Claims, or will it be Fast Track? I'd suggest Fast Track, but that would leave you open to costs should you lose, due to complexity of the claim. Small Claims is less likely because of the amounts/complexity involved.

 

Fast track,or multi track and await for the court to decide, as regards to otherside, as you know it is hard to imagine what they will do!!, as you say AQ is my last chance to get this claim forward, can the witness statement and "other information" section of AQ will help or any sugestion you may have - i'm thinking hard on this one, plus the directions the court may set up in the next stage of the claim.

 

As for directions, what is it that you need from the other side to progress your claim further at this stage? There are some standard directions which the court is likely to issue, that will mean anything relied on by either side should be disclosed within the timelines set by the Court, but is there anything else that you need to sure up your claim.

Thinking of mentioning in the witness statement about the history of the claim, i.e elements of the cause of action arose, Limitation Act 1980, the other breaches in T&C, and my intentions for court's consideration to progress the claim? what do you think? i'm thinking hard on this form and want to get it right

Thanks Chris

Looser01

 

DO i need to do draft order with thia AQ150 and send it off to court and the defendent? what do you suggest

[looser01]

Hi Looser,

 

I've flagged this up for any further input from the team - it'll be given here.

 

Stick to the one thread, or your case will become unnecessarily confusing to readers.

 

Thanks Slick

need as much as guidance on this one MARTIN3030 seems to know his stuff on this issues, perhapse you can PM him and help me out, as you know the clock is ticking now..

 

Thanks again mate

regards

looser01

[car2403]

Thanks Slick

need as much as guidance on this one MARTIN3030 seems to know his stuff on this issues, perhapse you can PM him and help me out, as you know the clock is ticking now..

 

Thanks again mate

regards

looser01

 

I think you should PM Martin, looser, as you will need help with this claim to make it stick.

[caro]

I know I've mentioned costs against you being a possibility before, but are you really sure that you're willing to risk many thousands of pounds if things don't go your way? Do you have a family that may be affected should things go wrong? This is a very risky undertaking.

 

I would urge you to think very hard before taking this any further. You need to be sure you have a strong understanding of your legal arguments if you are to win. Which laws are you relying on, which clauses? Is there any case law that you can use? What is the problem (if any) with Barclaycard's T&C's? Have they done anything that they are not allowed to in the contract that you had with them.

 

Don't get me wrong, I really feel for you, and it's clearly wrong that you lost out as you did. I just don't want you to lose any more unless you can afford to take the risk.

[looser01]

I know I've mentioned costs against you being a possibility before, but are you really sure that you're willing to risk many thousands of pounds if things don't go your way? Do you have a family that may be affected should things go wrong? This is a very risky undertaking.

 

I would urge you to think very hard before taking this any further. You need to be sure you have a strong understanding of your legal arguments if you are to win. Which laws are you relying on, which clauses? Is there any case law that you can use? What is the problem (if any) with Barclaycard's T&C's? Have they done anything that they are not allowed to in the contract that you had with them.

 

Don't get me wrong, I really feel for you, and it's clearly wrong that you lost out as you did. I just don't want you to lose any more unless you can afford to take the risk.

 

Thanks, Caro

 

tried to PM MARTIN but his mail box is full, as regards to you comment i really appreciate your kind thought in terms loosing money if lost, i have thought of it hard and long about this.

 

i looked at all the laws and compared "T&C" as we discussed previously, can i PM you and go through with me? i think i have a case here and my gut feeling says to go for it, as you know im on my own so need to get things right in wordings of witness statement and other information and next step as you know the court bundle..

 

Got 4 dyas for the AQ to send off

 

let me know if i can PM you and we discuss this privately for the time being and if martin can assist will be greatly appreciated in this extremely close times for the AQ to be sent off...

Thanks again

regards

looser02

[looser01]

I think you should PM Martin, looser, as you will need help with this claim to make it stick.

 

Thanks Chris - but his mail box is full

 

anyone else i cam PM since i think ill keep it private till the outcome etc

 

regards

looser01

[caro]

I don't offer advice privately and am really not experienced or knowledgeable enough to advise on this. All I have to go on is the knowledge I've picked up on this forum and life experience.

 

I wish you the very best of luck and will see if I can get Martin to take a look.

 

Regarding the AQ, this is purely for the judge to determine which track the claim should take. The court can also order both sides to do things to settle the case. Would there be any merit in asking for a stay to have a last go at settling the case before going to a hearing, perhaps by mediation? This leaflet may help. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305.pdf

[looser01]

The AQ is your chance to put forward any directions you think are necessary to push your claim forward and to make suggestions as to how the case should be allocated.

 

Using a template on this case won't work, as I haven't seen another claim like this on the site.

 

So...

 

Which track are you hoping for? Is it Small Claims, or will it be Fast Track? I'd suggest Fast Track, but that would leave you open to costs should you lose, due to complexity of the claim. Small Claims is less likely because of the amounts/complexity involved.

 

As for directions, what is it that you need from the other side to progress your claim further at this stage? There are some standard directions which the court is likely to issue, that will mean anything relied on by either side should be disclosed within the timelines set by the Court, but is there anything else that you need to sure up your claim.

 

i have sent you a mail, please have a look at it and reconcile it with others - mail me back - clock is ticking as they say

many thanks again for you great affort and in this strugle of our times

 

best regards

looser01

[looser01]

I don't offer advice privately and am really not experienced or knowledgeable enough to advise on this. All I have to go on is the knowledge I've picked up on this forum and life experience.

 

I wish you the very best of luck and will see if I can get Martin to take a look.

 

Regarding the AQ, this is purely for the judge to determine which track the claim should take. The court can also order both sides to do things to settle the case. Would there be any merit in asking for a stay to have a last go at settling the case before going to a hearing, perhaps by mediation? This leaflet may help. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305.pdf

 

Thanks again

[MARTIN3030]

Apologies for the absence,but nevertheless there has been some informed views by those perhaps, who can sense problems.

I cannot see any mention of limitation in the POCS,In the first instance Barclays will jump on this,in particular since they have referred to it in their defence.

They will further claim that you have not demonstrated exactly how you propose to use limitation.

If there was a strong case overall,then I would be thinking along the lines of asking for a hearing firstly to address the limitation side,on the basis that if limitation is not applicable,then it means no case to answer.

The limitation aspect is within itself at the heart of the case.

To be in with any hope of successfully being able to argue the point,you would first need to have a strat in place-including the statute for which you will be relying on.

In the absence of properly substantiating your POCs after being given the nod to do so,It really looks extremely dangerous to be thinking Barclays will not exploit this,as they have already demonstrated in their defence.

Therefore,I have to conclude,as others here have done-that its my personal view that you should proceed with caution and assess the risks.

Of course everyone here would like to find ways to support you,but theres little left to offer,having regards to the stage in proceedings,and also your failure to get things right from the beginning.

[looser01]

Apologies for the absence,but nevertheless there has been some informed views by those perhaps, who can sense problems.

Thank you for sharing with me

I cannot see any mention of limitation in the POCS,In the first instance Barclays will jump on this,in particular since they have referred to it in their defence.

on my defence as claimant on the amended POC i mentioned the cause of action arouse from the date - this is within 6 years of Limitation Act 1980. and defendent mentioned 1985? not sure why.. just to refresh you a bit Martin im highlighting in red.

They will further claim that you have not demonstrated exactly how you propose to use limitation.

i have corresponents going to BC within 6 years (some are last 3 years this were related to the same claim and within the two business accounts i had)- yet they failed under CPS rule to negotiate or settle the claim, the last letter they sent me is that if i want to take legal procedings then this is the address, as posted on the thread, therefore i decided to go for it to contest their "mistake of fact" admited in light of this they still want to use Limitatin Act 1985/80 ? i did cooperate as per their allegations and in the end nothing was found / apart from they use T&C as a weapon - misrepresentating - can i not point out at this stage to court and BC by way of responding to AQ150 and a letter to BC - then wait for the court to decide which direction is appropriate? or prepare for and same time request for the hearing on Limitation? (Please advice)

If there was a strong case overall,then I would be thinking along the lines of asking for a hearing firstly to address the limitation side,on the basis that if limitation is not applicable,then it means no case to answer.

The limitation aspect is within itself at the heart of the case.

To be in with any hope of successfully being able to argue the point,you would first need to have a strat in place-including the statute for which you will be relying on.

(not sure whitch statute unless you know better} let me know as regards to failed in the first POC because i thought this will be a simple case, BC owes the money then argued do not owe it to me but owe it to them by way of re-paid the O/D on one of the business ac , then changing the course in the Limitation Act /once again they failed but me in POC as a layman - admitionisin of them saying "mistake of fact" that they are still right and we are not so we have to simplify as to the mistake arouse from BC misrepresentations in their contractual duty of care, business banking code now is at risk to their defence as well as the admission of the monies are still with them.

In the absence of properly substantiating your POCs after being given the nod to do so,It really looks extremely dangerous to be thinking Barclays will not exploit this,as they have already demonstrated in their defence.

Therefore,I have to conclude,as others here have done-that its my personal view that you should proceed with caution and assess the risks.

Of course everyone here would like to find ways to support you,but theres little left to offer,having regards to the stage in proceedings,and also your failure to get things right from the beginning.

 

Hello, Martin

 

Thank you very much for getting back to me

 

As regards to Limitation Act 1980 BC has defended, i as claimant in POC had mentioned the cause of action arouse, this cover the 6 years of Limitation Act for the court and judge to get the claim forward to next round, i have all the documentary corespondent from BC to show it to judge that they not only misrepresentated but in my other business account admited that they part prepaid this money, surely it is their lies and using terms and conditions as to get away in so far they did, lets say i now have to go to court with judge to have a look at the documents i have.

 

AQ150 has "other information" for judge to consider as regards to the case management.

 

i have so far all the correspondent from BC and they also have had as ongoing cooperation from me, yet they denied the claim so far and want it to get it struck out in the court, as you know im a LIP so need to get as much information as i can to support the AQ150, as regards to BC and your experience with so far has inspires all of us, a great inspiration and a devil in advocate too, i hope i can get this message to the BC and the court with the AQ150 first.

 

Thnaks again

Looser01

[MARTIN3030]

Yes we will be rooting for you.

My own case is only 3 weeks away too-I am hoping they will still have their hangovers..

[looser01]

Yes we will be rooting for you.

My own case is only 3 weeks away too-I am hoping they will still have their hangovers..[/quote

 

no doubt they will,

 

ill send the AQ150 "Other information" and supply all the issues we discussed here with the draft letter and wait for the hearing. then bring on the limitation as they wish - got it all and they had this to play so far

 

Thanks again

looser01

[looser01]

Yes we will be rooting for you.

My own case is only 3 weeks away too-I am hoping they will still have their hangovers..[/quote

 

Hello Martin

 

This one is for you tonight on the festive days and i wish you the very best of christmas.. Merry Christmas to you and evrybody on here.

 

this time was the last year for me, i thought that we are all belong here as we all know each other so well now.

 

All the best

Loosr01

[THEdavidoL]

The problem is that since you have left it so late to issue a claim, Barclays have a good chance of it being Statute Barred.

 

Basically it will depend on which letter, that of 9th May 2002 or that of 20th August, the court will accept as cause for action. What did these 2 letters say.

 

Apart from that have you any documentary evidence eg phone bills that you phoned for authorisation.

 

Plus they will be relying on their T&C's in relation to fraudulent transactions and chargebacks.

 

Hello Michael

 

I would appreciate it if you could have a quick look over my rather complex case at ThedavidoL V Barclays please.

 

also what are the limts on statute barred ?

 

many thanks

 

ThedavidoL

[MARTIN3030]

Thread moved into Business bank forums.

Is there any further updates ?

[looser01]

Hello, everybody

Apologies for late reporting

 

Hearing at the court for about an hour today, final verdict is that claim struck out and claimant pays for the cost too, statute barred under Limitation Act, i found this was very harsh from the judge and tried my best to convince him but he wouldn't have it.

 

explained that the last correspondent from Barclays is still within the 6 years - showed him the letter and was hoping that he would be convinced.

 

Sad day today, i find it unfair and unjust, not sure what to do now appeal ?? any advice ??

[MARTIN3030]

This is bad.Will be advising you once have digested all you have done.Is everything here in this thread ?

[MARTIN3030]

Can you also say what case history you presented in your arguements ?...did you present any precadents ?

[looser01]

Hello, Martin

 

I presented the most recent letter confirming from BC (also the FEB 2002, mAY 2002, August2002 and september 2002 as posted on here) which was still within the 6 years limitation act and i argued the point got exausted and tiered when the judge says the barriester has politely proved and convinced him to strike out the calim, shocking and i just listened the last sentance and got out of the room.

 

i am thinking of arranging a meeting with local MP and show him all the paper works i have..

 

still not got over of this and thinking hard now, i presented a letter which is dated 19th MAY 2003 from BC recovery department that they have offsetted the O/D on the business account and banalce is kept with the merchant services, i argued to judge stating why this amount is offsetted and the balance of money is being withheld.

 

if there was a fraudulant transaction or counterfeit card used then the money should have been returned to the original customer on the 31st of march 2002, he had nothing to say and ignored the point which i was hoping to make his eyes open up and favour the limitation act issues and let the case go on for the next round, therefore i didn't take any other info such as a case law / any precedents or any other material so it doesn't get too confusing with the Limitation issues. I thought it was very clear for judge to see the trail of the correspondents and the matter from the beginning and he ignorted this particular argument and the letter..

 

is there anything on the appeal part?? i can seek justice to this?? or should i stsrt new claim straight to recovery department and demand the balance to return to me with LBA?? with other breaches DPA, Banking code of practice etc etc???

 

The 19th May 2003 letter is within 6 years Limitation Act, and this is the one most recent which i relied on as well as the September 2002 and he was not having it at all - i found this strange from the judge and very odd too, finally he asked me if i thought it was breach by BC i said yes as well as more like a theft too since it clearly shows the amount in question and O/D being repaid to them and balance is still within them - so what happened to the original customer whose card was abused? - i said this is not the case with the matter and no evidence is provided so far even in today's hearing which would make sense if i am to loose the claim..

 

i am lost with this now and hope you can see something on the legal point why the clsim was struckout on limitation act.

 

Thanks again

[MARTIN3030]

Ok is there a copy of your Pocs available to see ?

The precadent to use is the Lincoln one-its very very clear.

Have a look in my Barclays thread.

I will ask for some opinions from those who are familiar with both Limitation AND Barclays.

 

 

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/80397-martin3030-barclays-business-limitation.html

[looser01]

Ok is there a copy of your Pocs available to see ?

The precadent to use is the Lincoln one-its very very clear.

Have a look in my Barclays thread.

I will ask for some opinions from those who are familiar with both Limitation AND Barclays.

 

 

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/80397-martin3030-barclays-business-limitation.html

 

 

pocs is on this thread i had to do ammended one for second time for this hearing..

[looser01]

pocs is on this thread i had to do ammended one for second time for this hearing..

 

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/170790-barclays-time-barred-under.html

 

here is the link